Article 2

Mitigation Monitoring And Reporting Program

A mitigation monitoring and reporting program shall be prepared by the applicant for all projects in this Chapter and shall consist of all of the following:

• (a) Mitigation Implementation Plan. A plan, submitted by the applicant to the City, which outlines in detail the manner in which mitigation measures will be implemented during preconstruction, construction and post-construction phases of the project;

• (b) Compliance Schedule. A schedule, submitted by the applicant to the city, indicating the phase of the project (pre-construction, construction or post-construction) in which mitigation measures will be implemented;

• (c) Compliance Reports. Reports submitted by the applicant to the City, specifying how and when each mitigation measure was implemented; and

• (d) Verification Report(s). Report(s) made by the City pursuant to an inspection of the project to determine if the applicant has properly and timely implemented mitigation measures identified in the environmental document for the project as set forth in the mitigation implementation plan and compliance schedule.

• (Ord. 287 Div. 1 (part), 1990)

• (a) The applicant or private consultant on behalf of the applicant shall submit:

  • (1) A draft mitigation monitoring and reporting program to the Planning Director within forty-five (45) days of a draft environmental impact report being circulated for public review; or

  • (2) A mitigation monitoring and reporting program to the Planning Director at the time the City adopts a negative declaration for a project.

• (b) Final project approval is dependent upon the applicant submitting a mitigation monitoring and reporting program within the time periods specified in Sections 10-14.202(a)(1) and (2) and receiving approval from the Planning Commission for the mitigation monitoring and reporting program prior to or contemporaneous with final project approval.

• (Ord. 287 Div. 1 (part), 1990)

• (a) A mitigation implementation plan shall be prepared by the applicant or private consultant. Approval of a mitigation implementation plan is subject to review and approval by the Planning Commission and shall include all of the following:

  • (1) A complete list of all mitigation measures for significant impacts identified in the environmental document prepared for the project.

  • (2) The method of implementation for each identified mitigation measure.

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City of Hercules, CA

Sec. 10-14.203

LAND USE

Sec. 10-14.205

• (3) Any additional information that the Planning Director may require to be incorporated into the mitigation implementation plan.

• (b) The Planning Director shall, within thirty (30) days of submittal, determine whether the mitigation implementation plan is complete.

• (c) Upon determining the mitigation implementation plan is complete, the Planning Director shall, within fifteen (15) days recommend approval or denial of the mitigation implementation plan to the Planning Commission. The Planning Director's decision is based on how well the mitigation implementation plan satisfies the requirements specified in this Chapter. The Planning Commission shall make a finding that the contents of a mitigation implementation plan satisfies the requirements of this Chapter in granting approval of said plan.

• (d) In the case of a recommendation of denial, the Planning Director shall inform the applicant in writing of the recommendation within fifteen (15) days of determining the mitigation implementation plan complete and specify the reasons the mitigation implementation plan does not satisfy the requirements of this Chapter.

• (e) An applicant may resubmit a revised mitigation implementation plan within five (5) days of receiving notice of rejection or nonapproval. A resubmitted mitigation implementation plan will only be reviewed if it takes into account and incorporates the previous written comments made by the Planning Director.

• (Ord. 287 Div. 1 (part), 1990)

• (a) A compliance schedule shall be prepared by the applicant or private consultant. The compliance schedule shall set forth when each of the mitigation measures for significant impacts identified in the environmental document for a project shall be implemented.

• (b) The compliance schedule shall specify whether the mitigation measures shall be implemented during pre-construction, construction or post-construction phases of the project construction, or some combination thereof. The compliance schedule shall indicate when compliance reports shall be submitted to the Planning Director.

• (c) The Planning Director shall recommend approval or denial of a compliance schedule to the Planning Commission and the Planning Commission shall act in conformity with the procedural requirements set forth in Section 10-14.203.

• (Ord. 287 Div. 1 (part), 1990)

• (a) The applicant shall submit compliance reports to the Planning Director as specified in the compliance schedule. Additional compliance reports may be required at the discretion of the Planning Director.

• (b) Compliance reports shall specify how and when a mitigation measure was implemented. Compliance reports shall include facts and findings to substantiate compliance status. Compliance reports shall further indicate whether further implementation of a particular mitigation measure is necessary and which mitigation measures, if any, remain to be implemented. Compliance reports shall also advise whether each particular mitigation

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City of Hercules, CA Sec. 10-14.205

HERCULES CODE

Sec. 10-14.206

measure has been effective in mitigating significant environmental effects.

• (c) The Planning Director shall approve or deny each compliance report submitted by the applicant. In the case of disapproval, the applicant shall resubmit a revised compliance report within thirty (30) days of the disapproval of the prior report. Additional extensions require Planning Commission approval.

• (Ord. 287 Div. 1 (part), 1990)

The City may investigate the project site to verify whether the submitted compliance reports accurately reflect the status of mitigation measure implementation. Upon completion of the investigation, the Planning Director may prepare a written verification report to the Planning Commission and the applicant specifying whether the project complies with the required mitigation measure implementation or requires remedial work. A compliance report shall be deemed approved if the Planning Director does not issue a verification report within thirty (30) days of submittal of the compliance report.

(Ord. 287 Div. 1 (part), 1990)

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City of Hercules, CA

Sec. 10-14.301

LAND USE

Sec. 10-14.301